Spence Kerrigan, Individually and as Attorney in Fact to Kathleen Kerrigan v. Memorial Hermann Memorial City Medical Center

Opinion

August 28, 2012

JUDGMENT

The Fourteenth Court of Appeals MEMORIAL HERMANN HOSPITAL SYSTEM D/B/A MEMORIAL HERMANN MEMORIAL CITY HOSPITAL, Appellant/Cross-Appellee

NO. 14-11-00880-CV NO. 14-11-00890-CV V.

SPENCE KERRIGAN, INDIVIDUALLY AND AS ATTORNEY IN FACT FOR KATHLEEN KERRIGAN, Appellee/Cross-Appellant

____________________

This cause, an appeal from the ORDER ON DEFENDANT MEMORIAL HERMANN HOSPITAL SYSTEM D/B/A/ MEMORIAL HERMANN MEMORIAL CITY HOSPITAL’S MOTION TO DISMISS FOR FAILURE TO PROVIDE AN EXPERT REPORT, signed September 20, 2011, was heard on the transcript of the record. We have inspected the record and find the trial court erred in failing to dismiss all claims against Memorial Hermann Hospital System. We therefore order that the portions of the order denying the motion as to intentional tort claims be REVERSED and REMAND the cause for proceedings in accordance with the court's opinion.

Further, we find no error in the remainder of the order, and it is AFFIRMED.

We order Spence Kerrigan to pay all costs incurred in this appeal. We further order this decision certified below for observance.